Florida Senate - 2009 SENATOR AMENDMENT
Bill No. CS/SB 582, 1st Eng.
Barcode 879796
LEGISLATIVE ACTION
Senate . House
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Floor: 7/AD/3R .
04/27/2009 03:53 PM .
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Senator Aronberg moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 653 and 654
4 insert:
5 Section 16. Paragraph (a) of subsection (9) of section
6 348.0004, Florida Statutes, is amended to read:
7 348.0004 Purposes and powers.—
8 (9) The Legislature declares that there is a public need
9 for the rapid construction of safe and efficient transportation
10 facilities for traveling within the state and that it is in the
11 public’s interest to provide for public-private partnership
12 agreements to effectuate the construction of additional safe,
13 convenient, and economical transportation facilities.
14 (a) Notwithstanding any other provision of the Florida
15 Expressway Authority Act, any expressway authority,
16 transportation authority, bridge authority, or toll authority
17 may receive or solicit proposals and enter into agreements with
18 private entities, or consortia thereof, for the building,
19 operation, ownership, or financing of authority transportation
20 facilities, subject to the approval of the Legislature, for any
21 existing facility or new transportation facilities within the
22 jurisdiction of the authority which increase transportation
23 capacity. An authority may not sell or lease any transportation
24 facility owned by the authority, without providing the analysis
25 required in s. 334.30(6)(e)2. to the Legislative Budget
26 Commission created pursuant to s. 11.90 for review and approval
27 prior to awarding a contract on a lease of an existing toll
28 facility. An authority is authorized to adopt rules to implement
29 this subsection and shall, by rule, establish an application fee
30 for the submission of unsolicited proposals under this
31 subsection. The fee must be sufficient to pay the costs of
32 evaluating the proposals. An authority may engage private
33 consultants to assist in the evaluation. Before approval, an
34 authority must determine that a proposed project:
35 1. Is in the public’s best interest.
36 2. Would not require state funds to be used unless the
37 project is on or provides increased mobility on the State
38 Highway System.
39 3. Would have adequate safeguards to ensure that no
40 additional costs or service disruptions would be realized by the
41 traveling public and residents of the state in the event of
42 default or the cancellation of the agreement by the authority.
43 4. Would have adequate safeguards in place to ensure that
44 the department, the authority, or the private entity has the
45 opportunity to add capacity to the proposed project and other
46 transportation facilities serving similar origins and
47 destinations.
48 5. Would be owned by the authority upon completion or
49 termination of the agreement.
50
51 ================= T I T L E A M E N D M E N T ================
52 And the title is amended as follows:
53 Delete line 71
54 and insert:
55 F.S.; providing a definition for “backlog”; amending
56 s. 348.0004, F.S.; authorizing any expressway
57 authority, transportation authority, bridge authority,
58 or toll authority, subject to the approval of the
59 Legislature, for any existing facility, to receive or
60 solicit proposals and enter into agreements with
61 private entities, or consortia thereof, for the
62 building, operation, ownership, or financing of
63 authority transportation facilities; providing